Thursday, May 5, 2016

Texas judges, district clerks reflect on importance of jury service

Originally published by Jillian Beck.

#ThankAJuror

As Texas celebrates its inaugural Jury Appreciation Week, we asked judges and district clerks across the state to describe why they believe jury service is important.

 

Brandon Birmingham292nd Judicial District Judge Brandon Birmingham
Dallas County
“Jurors provide the voice of the people, setting the standards of punishment, decency, and rehabilitation for the judges and lawyers involved in the criminal justice system. They protect average citizens against over-zealous prosecutors on the one hand, and hold the guilty accountable despite insidious defenses on the other. Jurors ensure fairness in the quest for truth, transparency in the fight over liberty, and they are the backbones of justice and order in our civilized society.”

Melanie_Reed

 

Ellis County District Clerk Melanie Reed
“Next to serving in the armed forces, jury service is a privilege we, as citizens of the United States, have to give back to our country. Jurors help to protect our rights and freedoms and (the right to a trial by jury) is one of the foundations our country was built on.”

 

duggan423rd Judicial District Judge Chris Duggan
Bastrop County
“The right to a jury trial is one of the most important constitutional rights that we have in this country. The right to ask for and receive a jury trial—criminal or civil—that is heard and decided by the members of the community is an incredible right. Jury service gives people direct access to and a voice in the justice system. I can’t imagine living in a place that doesn’t provide this fundamental right.”

salasmendoza

 

120th Judicial District Judge Maria Salas-Mendoza
El Paso County
“As the cornerstone of the American justice system, the right to a jury trial can only be protected by the willingness of our citizens to serve on juries. Jurors play an integral part in protecting that right and the rights of all litigants, including the government and the accused.”

 

brandymuellerTravis County Court at Law No. 6 Judge Brandy Mueller
“One of the most compelling things about presiding over a trial is observing a jury at work. I have not once seen a jury that was not fully committed to doing their job. Yes, panelists don’t usually look excited at the close of voir dire when they hear their name and learn they’ve made it on the jury. But by the time these jurors are sworn in, their dedication to the process is outwardly apparent. The concept of citizens being summoned at random and empowered with the most important role in our legal system is fundamentally American. This notion is incomprehensible to many who live outside the U.S. Travis County is proud of a high juror participation rate, and I am working with our clerk, Velva Price, on a jury appreciation initiative with the aim of both making the process easier for jurors, as well as showing jurors our appreciation.”

 

Nancy_YoungFannin County District Clerk Nancy Young
“We are a country made up of diverse people. Without individuals willing to serve as jurors, we could not ensure fair and impartial decisions.”

 

kemperwilliams135th Judicial District Judge Kemper Stephen Williams
Calhoun, DeWitt, Goliad, Jackson, Refugio, and Victoria counties
“As a general jurisdiction district judge for the past 20 years—presiding over 250 jury trials—I can attest to the importance of jury service. Many times cases cannot be resolved until the last minute when the parties see a large group of their peers waiting in the hall ready (albeit involuntarily) to pass judgment. The system is not perfect but, as they say, it is the best system devised by man.”

 

ClarissaWebsterEctor County District Clerk Clarissa Webster
“As American citizens, we enjoy many highly valued rights and privileges. Jury service takes one such basic right—a trial by the jury of your peers—and turns the theory into a factual reality. Without jurors, the fabric and foundation of our American judicial system would disintegrate. Jury service is a vital civic duty and should be viewed as an honorable and noble use of a person’s time. I believe most Americans will agree wholeheartedly that we live in the best nation in the world. Our judicial system is one of the monumental things that sets this nation apart. As the district clerk of Ector County, I am proud and honored to assist the district and county courts with our local jury processes. And yes, when summoned, I have proudly participated and served as a potential juror and look forward to my next opportunity to do so again.”

 

jenniferbennett265th Judicial District Judge Jennifer Bennett
Dallas County
“I am always incredibly thankful to our jurors, who take time from their busy lives to come for jury duty. I tell all my jury panels that other than serving their country, that voting and jury duty are the most important civic duties that they can participate in.”

 

CherylJonesBrown County District Clerk Cheryl Jones
“Jurors are crucial to fair and impartial justice. I believe that jurors represent the voice of the people in most cases. The willingness of people within a community to serve in the jury process is vital. My sincerest of appreciation goes out to each and every person that shows up for jury service. I hope each and every potential juror leaves a little more educated about the entire legal process.”

 

Judge Hale's picture406th Judicial District Judge Oscar Hale Jr.
Webb County
“As a licensed attorney for almost 21 years and having served as a jurist for the past 12 years, I have had the privilege of participating in hundreds of jury trials. In every instance, I witnessed the wheels of justice in motion as both criminal and civil cases were resolved with ‘just’ jury verdicts. In some cases, trials were avoided and disputes were resolved simply because a jury was selected and impaneled. Our American system of justice works, and it works because of the dedication and commitment of our jurors, who continuously and proudly honor their civic duty. To all who have served in our jury system, I say, ‘Thank you for your service and thank you for ensuring that our justice system always prevails!’”

 

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



from Texas Bar Today http://ift.tt/1O1MlEH
via Abogado Aly Website

Deadpool – a second opinion

Originally published by The Movie Court.

The Movie Snob dissents!

Deadpool (D).  Alas, I cannot agree with the glowing review of this movie posted by my amiable colleague the Motor City Reviewer.  It’s yet another superhero movie, but I gather that Deadpool (Ryan Reynolds, Adventureland) is supposed to be a different kind of superhero.  He’s a cynical, motor-mouthed mercenary who doesn’t care about anything or anyone except his beautiful girlfriend Vanessa (Morena Baccarin, Serenity).  Unlike your usual Marvel fare, this flick is tarted up with gory violence, incessant vulgar language, and gratuitous sex and nudity.  And Deadpool himself frequently breaks the fourth wall by looking at the camera and commenting on the action for the audience’s benefit.  Some of that commentary is kind of funny.  Reynolds is a likable enough performer, and Baccarin is stunning.  But the plot is same-old-same-old, and the R-rated stuff is really beyond juvenile.  Here’s hoping Captain America: Civil War breaks the recent superhero slump.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



from Texas Bar Today http://ift.tt/1Tr5ZX0
via Abogado Aly Website

Email Privacy Act passes the House, but the proposed Act does not require notice of warrants

Originally published by Peter S. Vogel.

The Electronic Communications Privacy Act (ECPA) of 1986 was created to deal with telephone records not email, so the new proposed Email Privacy Act clarifies what email is, but did change the ECPA much since it “does not require authorities to notify users that a warrant has been obtained to review their electronic communications.” Also the Email Privacy Act does require search warrants to review electronic communications older than 180 days which was not in the ECPA.  As well InformationWeek pointed out:

The Email Privacy Act also makes a distinction between commercial public content, such as advertisements, and content sent to an individual or select group, such as email.

In the meantime to get a difference perspective on the ECPA and Email Privacy Act you might want to check out my April 18, 2016 blog “Are US Privacy Laws Unconstitutional? We’ll find out in Microsoft’s new suit against the US Government!”

Even though the Email Privacy Act passed unanimously there is no exact predictability about what the Senate may do.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



from Texas Bar Today http://ift.tt/21AUTVo
via Abogado Aly Website

Wednesday, May 4, 2016

So the School Principal has Interrogated Your Child…

Originally published by JoAnne Musick.

bigstock-Retro-Grunge-Principal-Office-71845522-720x541

The wisdom of my friend and colleague, Larry McDougal, bears repeating:

A school principal is undisputedly an agent of the State of Texas. Yet the rules that apply to police officers interrogating your child do not apply to school principals. Even if the police officer detains your child and takes them to the principal, as long as the police officer leaves the room prior to the interrogation by the school principal, the rights granted to any person when interrogated by the police do not apply. In the Matter of V.P., 55 S.W.3d 25. This includes the right to an attorney and the right to remain silent. So even though the principal is an agent of the State, they are not law enforcement and the questioning by a school principal is not a custodial interrogation as it would have been had a police officer conducted the questioning of your child.

So now school administrators and police officers are trained to have the principal take all statements or confessions from the child to avoid the constitutional protections afforded all persons when questioned by law enforcement. They will question your child, without notice to you, and anything your child says can be used against them in court. It is a sad day when our schools and law enforcement work together with the intent to deny our children their rights provided to them by both the U.S. and Texas Constitutions along with the Texas Family Code.

No one wants to teach his or her children to lie. Yet parents are forced with the reality of teaching their children not to cooperate with school administrators and law enforcement.

Your children, once they reach the age of 10 in Texas, must know to never admit to anything that they may have done. They must learn to stand up to authority by demanding that their parents be present, that they want an attorney, and they want to remain silent. Children must learn to hold their ground despite being threatened by the principal (or even a teacher or counselor). It is the American school system that has forced parents into this position.

It was not this way 30 years ago. It does not take much to get a young child to admit to something that they did not do.

Overall, this is one of the saddest consequences of our “tough on crime” mentality. Recalling the practices of the past decades, I remember prosecutors teaching law enforcement to “request” interviews and “release” the child after the interview – even if he intended to arrest. The “release” was to show that the child was not “in custody” and therefore the special protections requiring a trip to a magistrate before a statement could be made would not be triggered. Now, we have gone even further to suggest that the school administrators should do the questioning so as not to trigger the constitutional protections afforded to all.

Of even greater concern is that teachers and school administrators are now being offered and taught the infamous Reid technique: a police interrogation technique focused on breaking down the subject and extracting a confession.

Yes, you heard that correctly. Teachers and school administrators are now being taught to extract confessions under a technique that has been charactered by psychologists and judges as coercive and liable to produce false confessions – especially when used on juveniles who are highly suggestible and more easily manipulated.

The Reid Technique taught in schools is composed of three steps:

  1. an investigative component, in which you gather evidence;
  2. a behavioral analysis, in which you interview a suspect to determine whether he or she is lying; and
  3. a nine-step interrogation, a nonviolent but psychologically rigorous process that is designed, according to Reid’s workbook, “to obtain an admission of guilt.”

Even though taught to educators and administrators, outside a law enforcement arena, the video segments to demonstrate behaviors and questioning involved serious crimes such as murder and rape. The materials given to educators refer to suspects or subjects – never students or kids.

Not surprisingly, one of the first things administrators will do is take away the student’s cell phone to prevent calls or texts to parents. Teaching educators to “dabble” in law enforcement is just as dangerous as teaching them to “dabble” in psychology or other sciences. When they get it wrong (not “if” but “when”), we will have false confessions taking children down the prison pipeline with little hope of stopping.

And, why? We already have entire law enforcement agencies created and ran by our school districts. Officers are already on campus or very near campus to respond. Seems one or the other simply isn’t necessary. Ah, but then again, if we relied on our law enforcement officers, we would have to respect the child’s constitutional and statutory rights. And, don’t even get me started on the whole “alternative school” mess…

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



from Texas Bar Today http://ift.tt/21ymXJb
via Abogado Aly Website

Employer Policy Requiring Professional Behavior, Cooperation, and a Positive Work Environment Found Unlawful by NLRB

Originally published by Alicia Voltmer.

Employers should be able to expect employees to behave professionally, cooperate with one another, and maintain a positive working environment.  In its continuing attack on employer policies, however, the National Labor Relations Board (NLRB) recently found that an employer’s Workplace Conduct policy requiring those behaviors was unlawful. See T-Mobile USA, Inc., 363 NLRB No. 171 (April 29, 2016).
The policy at issue read as follows:
     [Employer] expects all employees to behave in a professional manner that promotes efficiency, productivity, and cooperation.  Employees are expected to maintain a positive work environment by communicating in a manner that is conducive to effective working relationships with internal and external customers, clients, co-workers, and management.

Disagreeing with an Administrative Law Judge’s conclusion that the policy was lawful, and with the employer’s argument that the policy reflected business-related objectives, the NLRB found that the policy was subjective, and that employees would reasonably construe the rule to restrict potentially controversial or contentious communications and discussions, including those protected by Section 7 of the National Labor Relations Act.

In the same opinion, the NLRB also found the employer’s policy prohibiting recording devices to prevent harassment, maintain individual privacy, encourage open communication, and to protect confidential information was overly broad and unlawful.

This opinion underscores the need for employers to routinely review their handbook policies to ensure compliance with the NLRB’s expanding list of prohibited rules.
 

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



from Texas Bar Today http://ift.tt/21ymXJ4
via Abogado Aly Website

Chinese trade mark decision creates greater certainty for manufacturers

Originally published by Georgina Hey (AU).

There has been ongoing uncertainty over whether brand owners who manufacture branded goods in China, but do not sell those products in China, could infringe a Chinese trade mark registration held by a third party in that country.

A recent Supreme People’s Court (SPC) decision clarifies that applying a trade mark to goods in China for the purpose of export only does not constitute trade mark ‘use’ in China because the trade mark does not function as a badge of origin to Chinese consumers. This is good news for foreign brand owners using China as a manufacturing base, as they no longer need to be concerned that this manufacturing use can infringe a local trade mark registration.

In this update we outline the implications for Australian companies, and other foreign brand owners, using China as a manufacturing base.

Read the full Legal Update here.

 

The post Chinese trade mark decision creates greater certainty for manufacturers appeared first on The Brand Protection Blog.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



from Texas Bar Today http://ift.tt/1Y9xGb1
via Abogado Aly Website

Lawmakers to Hold Hearing on Improving Auto Recall Completion Rates

Originally published by Bob Kraft.

NHTSA_hi
Reuters reports that on Thursday, a US House panel will hold a hearing on the NHTSA’s efforts to reduce the number of recalled vehicles on the road. Reuters mentions that the Alliance of Automobile Manufacturers and the Association of Global Automakers also recently sent a letter to insurance companies to remind car owners to renew their policies and ask for “assistance in establishing a new way to provide vehicle owners with information about any open safety recalls that may affect their car or truck and to urge that owners have the recall work performed as soon as possible.” Speaking to Reuters, NHTSA Administrator Mark Rosekind emphasized that carmakers can also play a major role in reducing the number of recalled cars on the road.

From the news release of the American Association for Justice.

The post Lawmakers to Hold Hearing on Improving Auto Recall Completion Rates appeared first on P.I.S.S.D. — Personal Injury, Social Security Disability. Dallas Texas Lawyers.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



from Texas Bar Today http://ift.tt/1Y9xGaT
via Abogado Aly Website